Custody of children in Britain while father remains in Canada

Anonymous Asked:

I am a psychiatrist who is seeing a patient who is the father of children who reside in Britain with their mother from whom he is separated. His only contact with his children is via video conferencing twice per week. What legal option can he pursue to be able to see/meet with his children in person and/or pursue different custody options. He does not have financial means to obtain a lawyer. Is legal aid an option either in Canada or in Britain? Thanks for any help you are able to provide in this regard

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Andrew J. Kania, LL.B., LL.M.

4 years ago

The law in Canada is uniform. Prior to considering whether a Court will consider a custody / access claim the Court will first consider whether they have jurisdiction. That involves a preliminary examination of the ordinary residence of the child(ren). As you indicate that the children reside in Britain your patient should contact a lawyer in the United Kingdom to discuss his potential custody / access rights and the possibility of legal aid in that jurisdiction.

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